HC refuses AAP to sanction to prosecute Kanhaiya

The Delhi High Court on Wednesday refused to direct the AAP government to grant sanction for prosecution of former JNU Students' Union president Kanhaiya Kumar in a sedition case.

A bench of Chief Justice D N Patel and Justice C Hari Shankar said it cannot pass any direction in this regard and it is for the Delhi government to decide as per existing rules, policy, law and facts of that case on whether to grant approval for prosecution.

The court, while disposing of the petition, said it appeared that the petitioner, former BJP MLA Nand Kishor Garg, has some personal interest in the FIR lodged against Kumar and others in relation to the JNU sedition case of 2016.

The plea has sought issuance of guidelines "for expeditious disposal of criminal cases of serious nature where there is involvement of the influential persons as accused".

On this, the court said it sees no reason to direct the government for such guidelines over and above the existing law.

It said there are adequate number of judgements rendered by the various courts on this.

The petition, filed through advocate Shashank Deo Sudhi, alleged that Kumar's case highlights the lackadaisical approach of the government as it has "failed" to grant the sanction letter which is required prior to taking cognisance of the charge sheet.

The court also refused to direct the Delhi government to constitute a high-powered committee to look into the aspects of delay in the procedural compliances which leads to delay in the administrative process for grant of sanction in criminal cases.

The bench said it sees no reason to direct the government to constitute a high-powered committee as the State has got enough number of officers and there is no need of a super panel.

The police, on January 14, had filed a charge sheet in the court against Kumar and others, including former JNU students Umar Khalid and Anirban Bhattacharya, saying they were leading a procession and supported seditious slogans raised in the university campus during an event on February 9, 2016.

The plea has contended that such cases involving influential persons ought to be decided in a time bound manner to act as deterrence.

Garg, in his plea, had claimed that if such cases are decided in a time bound fashion, it would affirm the rule of law.

The plea also said that a "speedier outcome of the cases would act as deterrence to the community as well as prevention of crimes".

The petition further alleged that the Delhi government was not complying with the law of the land "as large number of cases are not being investigated on account of administrative lapses".

"This approach of the government seems to be sending message to the citizenry that the law can be differently applied to different citizen due to their proximity to the political establishment," the petition contends.